Deuteronomy 22:26

26 The damsel shall suffer nothing, neither is she guilty of death: for as a robber riseth against his brother, and taketh away his life, so also did the damsel suffer:

Deuteronomy 22:26 Meaning and Commentary

Deuteronomy 22:26

But unto the damsel thou shalt do nothing
Neither fine her, nor beat her, and much less punish her with death:

there is in the damsel no sin worthy of death;
because what was done to her was done without her will and consent, and was what she was forced to submit unto; but the Targum of Jonathan adds, that the man to whom she was betrothed might dismiss her from himself by a bill of divorce:

for as when a man riseth against his neighbour, and slayeth him, even
so is this matter;
as when a man comes unawares upon another, and lays hold on him, and kills him, being stronger than he, and none to help; so is the case of a woman laid hold on by a man in a field, and ravished by him, where no help could be had; and depriving a woman of her chastity is like taking away a man's life; from this passage Maimonides ^F3 concludes, that impurities, incests, and adulteries, are equal to murder, to capital cases relating to life and death.

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FOOTNOTES:

F3 Hilchot Yesode Hattorah, c. 5. sect. 10.

Deuteronomy 22:26 In-Context

24 Thou shalt bring them both out to the gate of that city, and they shall be stoned: the damsel, because she cried not out, being in the city: the man, because he hath humbled his neighbour’s wife. And thou shalt take away the evil from the midst of thee.

25 But if a man find a damsel that is betrothed, in the field, and taking hold of her, lie with her, he alone shall die:

26 The damsel shall suffer nothing, neither is she guilty of death: for as a robber riseth against his brother, and taketh away his life, so also did the damsel suffer:

27 She was alone in the field: she cried, and there was no man to help her.

28 If a man find a damsel that is a virgin, who is not espoused, and taking her, lie with her, and the matter come to judgment: